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Re: TPP 14.17



Ok, thanks, i think i see; there is layer of abstraction.

The country can not requiring the transfer of source code,
The country can allow a person to require the transfer of source code.

I imagine high priced lawyers will disagree.


On Sat, Nov 7, 2015 at 3:52 PM, Steve Langasek <vorlon@debian.org> wrote:
On Sat, Nov 07, 2015 at 11:53:23AM +1100, Glenn McGrath wrote:
> hmm, i would equate copying with distribtion, but i guess im old and rusty;
>
> Where am i going wrong with this line of thinking
>
> 1. The GPL requires the ability to distribute source code to those you
> distribute binaries to.
> 2. This clause says; No Party (Country) can require the transfer of ...
> source code of software owned by a person of another Party (Country) as a
> condition for the ... distribution ... of such software in its territory.

> Assume i copy a Debian install CD and give it to my neighbour, i am
> obligated to make the Source code available to them for the GPL'ed parts.
> The source code will be "software owned be a person of another Party"

> So no party can require me to uphold my obligation make source code
> available in its territory.
> Meaning, nobody can force me to give the source code to my neighbour.

No.  The TPP is a horrible treaty and no country should ratify it; however,
the above text doesn't prohibit free software.  It says that a *party to the
treaty* (country) cannot oblige another party to provide their source code
as a condition of distributing in its territory.  In the case of free
software, the country is not imposing a requirement to make source
available; it is only enforcing the *software license's* requirement to make
source available.

--
Steve Langasek                   Give me a lever long enough and a Free OS
Debian Developer                   to set it on, and I can move the world.
Ubuntu Developer                                    http://www.debian.org/
slangasek@ubuntu.com                                     vorlon@debian.org


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